that, while it regulates private dispositions, it is determined by considerations of public interest, such conventions are invalid."

Nothing touches the public interest more nearly than the public order, of which Portalis says: "The support of public order in society is the supreme law; to protect conventions against this law would be to place individual wills above the general will; it would be to dissolve the state."

Nothing is more important to the public interest than good manners, of which the same author says: "As to conventions contrary to good manners, they are proscribed among all civilized nations. Good manners may supply the place of good laws. They are the true cement of the social edifice. Whatever offends good manners offends nature and the laws. If one could wound them by conventions, public honesty would soon be nothing more than an empty name, and all ideas of honor, of virtue, and of justice, would give place to feeble combinations of personal interest, and to the cupidity of vice."

After this view of the French legislation, it becomes more easy to define with precision, if not the limits which separate public from private law, at least those laws from which it is not permitted to derogate by the individual act of man.

Thus, a French citizen cannot withdraw himself from the explicit or tacit prohibitions contained in laws of the latter description, even by an act passed in a foreign country; and, on the other hand, a foreigner, at the same time that he preserves his personal state, is obliged to submit himself to these laws, whilst he resides on the French territory, and in regard to every thing relating to the goods which he may have there, for so long a time as he keeps the possession of such goods.

ART. VII.-TRIAL OF THE ASSASSINS OF FUALDES.

[The following translation of a celebrated criminal trial is made from that renowned French collection, entitled "Causes Celebres," and is the first case in what may be called the new series of that remarkable publication. The work from which this translation is made consists of four volumes in octavo, and is entitled "Causes Criminelles Celebres du dix-neuvième siècle, redigées par une Société d'Avocats," and was published in 1827. It is understood that a new edition of the old series, illustrated by engravings, has been recently republished in Paris.

The case of Fualdes has not been selected for translation because it possesses any superior interest to many others, which are found in the collection, or because of any supposed superiority in its style and manner of execution, but simply because it happened to be the first in the volumes. The humble task of translation was undertaken by the writer, that he might introduce the readers of the Jurist to an acquaintance with the most celebrated collection of trials, that is known to exist in the world, and with that style of reporting which the French have adopted, and which has given such deserved preeminence to this branch of their literature. This is not the place nor the time to enlarge upon its peculiarities and beauties; but a perusal of this imperfect translation will be sufficient, it is believed, to show that those who speak the English tongue have some reason for humiliation when they look upon this neglected department of their own literature.

The trial in the original occupies two hundred pages. It has been very much condensed in the translation; but enough is given, it is hoped, to convey some idea of the forms of proceeding in the French courts, in criminal cases, of the extraordinary pains, which are taken to obtain testimony, and the almost incredible patience of the judges in the investigation of truth. With regard to the manner in which the translation is executed, it is only necessary to remark, that the original has been followed as closely as possible, as the object of the writer was rather to show the French style of reporting, than to make up an interesting report from French materials.]

NOTWITHSTANDING the immutable principles of morality and the severity of the laws which are framed to enforce them, the most detestable vices and passions do so often afflict humanity, that it may well marvel at the crimes of which it is the source. Most men are but slightly affected by the news of an outrage; and, unfortunately, whatsoever may be the horror which they feel at first, the frequency of homicides, murders, and poisonings seems to diminish the interest

which every member of society ought to take in the repression of the crimes which desolate it. When a villain, drunk with fury, bathes himself in the blood of his enemy; when a wretch, who, by his own misconduct, has plunged himself in misery, or, tormented by an insatiable cupidity, has revenged himself, by the dagger, upon his industrious and prosperous neighbor, whose good fortune has excited his envy, or whose gold has tempted his avarice; when, urged on by the demon of jealousy, some madman has sacrificed to his suspicions the object of his love, or of his fears, for an instant, the public interest is excited; but the event of the day effaces that of the evening that preceded it; and the solemn proceedings of the trial often fail to recall it to memory; and when the punishment of the criminal has offered to an insensible public the frightful spectacle of the denouement of the horrible tragedy, they forget that justice has drawn her sword only to give reparation to outraged society, and to show, by a salutary example, the duties which it imposes upon its members. If, on the

contrary, a crime is presented, the circumstances of which are so atrocious, that the mind recoils from considering them; if the accused hold such a station in the world, that their birth or education should have won for them high consideration; if, in fine, their criminality has been long a mystery; then opinions are debated, interest increases from day to day, public indignation calls for vengeance. Then truth throws her light over the obscurity-the secret of the enigma is discovered-and then society falls back into that dreamy sleep from which a terrible shock had awakened it, and some new excitement only will arouse it.

On looking for the cause of this lamentable indifference, would it be found in the selfishness (égoïsme), which renders so many citizens insensible to the general welfare; not perceiving, blind as they are, that the blow which falls upon an individual falls upon the community, and recoils

upon themselves? This is a grave subject of meditation, a problem rather needing solution than difficult to solve. The history of human crimes, and of the passions which have driven men to their commission, may conduce to this result. Among the facts, which may throw light upon this subject, the astonishing affair, which we are about to relate, should be placed in the first rank.

On the 20th of March, 1817, the city of Rodez perceived, with horror, that an unheard of crime had been committed within its walls. On the morning of that day a corpse had been discovered, floating upon the waters of the Aveyron. It was that of Mr. Fualdes, an old magistrate. A deep wound which he had upon his neck caused them at once to reject the idea of suicide, and did not permit them to doubt, that he had fallen under the blows of base assassins.

Surrounded by public consideration, respected by all, Mr. Fualdes could have had no enemies. His political principles, pronounced in favor of liberty, but wise and tolerant, ought to have disarmed the most ardent fanatics, and his fortune was apparently too inconsiderable to excite the cupidity of a murderer. What then was the motive, and who were the authors of the crime? The citizens of Rodez, dismayed, looked round them with affright. The most alarming rumors were circulated.

The investigations of the authorities were prosecuted with zeal and energy until the most certain indications of the origin of the crime had been discovered. It was ascertained that, on the 18th, Mr. Fualdes had received from Mr. Seguret, in notes and bills (effets de commerce) a considerable sum, as a part of the price of a domain which he had sold him; that on the afternoon of the 19th, a meeting for the negotiation of the bills, &c. had been agreed upon and fixed for eight o'clock in the evening. Accordingly, Mr. Fualdes left his house at that time, after having taken under his cloak something which he carried under his left 7

VOL. XXIII.-NO. XLV.

arm; and, half an hour afterwards, a person found, in the street Terral, the continuation of the street of Hebdomadiers, a cane, known afterwards to be that of Mr. Fualdes; and, not far from the house of Bancal, a handkerchief recently used, and twisted its whole length. These first discoveries, which appeared at first of little importance, led to the most conclusive results; and, at length it was ascertained, that a man had been stationed near the house of Mr. Fualdes, and that the moment he came forth, this individual had quitted his post and descended in great haste into the street de l'Ambergue, which was connected with that of Hebdomadiers, by a lane which crossed that of Saint Vincent. Other men were posted at the corner of the houses of Francis Vulat and Missonnier, in another street, and at the door of the house occupied by Bancal. The unfortunate Fualdes walked onward without a suspicion of danger: he had scarcely arrived at the house of Missonnier, when, at a signal given, several villains threw themselves upon him, placed a gag in his mouth, and dragged him violently into . the house of Bancal, an infamous place, a den of debauchees and criminals. There, the unhappy old man was thrown upon a table, and the assassins prepared themselves for action. In vain he implored a moment to recommend himself to God. His request was denied with jeers. He struggles and the table is overturned, the assassins raise him again. One of them binds the feet of the unfortunate man, another, armed with a knife, undertakes to deal him the mortal blow, but his hand trembles; a third reproaches his accomplice with cowardice, and taking the knife in his own hand, plunges it into the throat of the victim. The flowing blood is caught in a bucket and afterwards given to feed a hog. After the consummation of this horrible sacrifice, the body of Fualdes is placed upon two cross bars enveloped in coarse woolens and covered with linen, bound up with cords like a roll of leather, and carried, about ten